HSP_MGMT 1133 1st Edition Lecture 25 Outline of Last Lecture I. Negligencea. Common law negligenceb. Negligence per sec. Status of plaintifd. Comparative and contributory faulte. Warning signsOutline of Current Lecture II. Rescue situationsa. Consequences of aidingb. Standard operating procedurec. To whom is defendant potentially responsible?Current LectureRescue situations-----What common law duties in USA to aid strangers?- One private person has no legal duty to come to the aid of another person Consequences of Aiding?- You could possibly be sued if you come to the person’s aid and end up hurting them moreunless there are good Samaritan laws - Good Samaritan laws---Mo----537-037o Encourage people to aid others who are in distress These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.o Says that if you have first aid training you can help someone else and you will notbe sued for that unless you were grossly negligent or intentionally harmed the person o Gives protection against law suits if certain professional people come to other people’s aido Who’s covered? Doctors, nurses, EMTs, those that have certified first aid trainingo Does not require these people to help, simply allows it and gives them some sort of incentive to help othersDoes a business have a duty to provide first aid? To have medical staff on site?- Generally speaking, businesses have to duty to provide first aid or have medical staff on site if a customer gets hurt while they are there- Exceptions: cruise ships, casinos, hospitals—must have someone on site to help othersCardiac Arrest Survival Act and Automated External Defibrillators (AED’s)- No federal law that says AED’s are required on site - Some state laws says they are required- CASA- if a private business has an AED and someone uses it, they can’t be suedStatistics on sudden cardiac arrest- 15 million people a year Standard Operating Procedure (SOP) in a premises injury case1. Assess the situation and summon the appropriate amount of first aid2. If the injury is serious, remain with the injured person until the first aid shows up3. Should you apologize or say “I’m sorry”?a. Saying I’m sorry suggests that you’re at fault and can be used against you in courtif it comes down to thatb. Say things like “are you okay” “do you need anything” “how can I help” etc, but do not apologize4. Be aware of promising to pay medical bills- never promise anything in that situationa. Let the insurance company and hospitals sort that out because it is possible that you’re not going to be liable for the bills 5. Call your insurance company as soon as reasonably possible- preferably that same day 6. Write internal report and keep it on fileTo whom is defendant potentially responsible in a negligence case:1. Plaintiff who is injured2. Plaintiffs estate---did incident sued upon cause the death? - If so--Wrongful death- If not defendant is still responsible to the estate3. Spouse ------ loss of consortium claima. Loss of consortium claim- claim of a spouse for injuries to the martial relationship4. Rescuer under rescue doctrine5. BystanderImpact rule- for a bystander to recover for emotional harm as a result of another’s physical injury two things have to be shown1. Must be a close blood relationship, not a stranger2. Bystander had to be close enough to this event that they feared being injured themselves6. What about those having Contracts with an injured plaintiff, which he becomes unable to
View Full Document
Unlocking...